New Page 0

A Guide to the Admission, Review, and Dismissal Process was produced to implement Texas Education Code (TEC) Section 26.0081 which requires the Texas Education Agency (TEA) to produce and provide to school districts sufficient copies of a comprehensive, easily understood document that explains the process by which an individualized education program (IEP) is developed for a student in a special education program and the rights and responsibilities of a parent concerning the process.

This document contains information a parent needs to effectively participate in an admission, review, and dismissal committee meeting for their child. This guide was produced with the expert guidance of a stakeholder group of parents, educators, other professional service providers, advocates, and information compiled from statewide public meetings. The ARD Guide is intended to be a companion document to, not a replacement for, the Procedural Safeguards, which explains the specific rights and responsibilities of the parent in the special education process as required by federal law. Schools are responsible for disseminating the ARD Guide at the local level by:

§ Managing the record and reporting requirements associated with the dissemination effort.

The implementation of the dissemination of the ARD Guide will be discussed during District Effectiveness and Compliance monitoring visits. The ARD Guide is intended to provide a common understanding for parents, school personnel, and communities, of the process by which an IEP is developed for a student with disabilities.

Dissemination Timelines
The TEA will print and send copies of the ARD Guide to each Education Service Center (ESC). Each ESC will manage the timely dissemination of the document to each district in their region. Districts must ensure that all parents of students with disabilities currently receiving special education services have a copy of the ARD Guide by February 28, 2003. The ARD Guide reflects current requirements and should be incorporated into the district’s referral process for special education evaluation as soon as possible after the district receives its shipment from the ESC.

Documentation of Dissemination
Although the TEA is not requiring districts to keep a receipt signed by the parents for the ARD Guide, there must be documentation in each student’s folder that the parent has received a copy of the document. Additionally, districts must maintain an ongoing centralized record of dissemination, listing the student’s name, and the date and method of dissemination. Districts will report this documentation to their ESC in an effort to evaluate the dissemination process. The state in conjunction with the ESCs will continue to bear the responsibility for publication of the ARD Guide.

Educating parents, school personnel, and the public in the contents of the ARD Guide document and Procedural Safeguards document will enhance the ability of parents to participate effectively in decision-making processes involving the education of their child. It will also help the district to establish and maintain effective IEPs for students that meet current federal and state requirements.

Child Find

With the assistance of the Texas Education Agency and the education service centers (ESC), local education agencies (LEAs) must ensure that a free appropriate public education (FAPE) is provided to all individuals with disabilities, ages 3-21, who qualify for special education services. With the assistance of the Texas Education Agency, ESCs, and the Early Childhood Intervention (ECI) program, LEAs must ensure that early intervention services are made available for those children, ages 0-3, with an identified need.

To carry out these responsibilities, LEAs must implement: a comprehensive system of "Child Find" in which the applicant agency personnel actively search for all individuals with disabilities or developmental delay who are 0-21 years of age. The applicant agency is responsible for identifying, locating, and evaluating all individuals 0-21 years of age, regardless of nature or severity of disability. Once a local education agency (LEA) or an program determines eligibility, all individuals 0-21 years of age, regardless of the severity of the disability or developmental delay, are served by either the LEA [3-21 years of age] in accordance with Texas Education Code §25.001 or an ECI program [0-3 years of age] (34 CFR §§300.128, 300.220, 300.300 Note 3; 34 CFR §§303.16, 303.321; and 19 TAC §89.1035).

Individuals at state, regional, and local levels are in the process of "Rethinking Child Find in Texas." As a part of this process, a statewide networking system is being established to facilitate coordination and collaboration of all child find efforts. Results of this networked system are to be dissemination of child find information, effective communication among individuals, and identification of persons who can serve as resources for local child find efforts.

______________________________________________________________________________________________________________

Parent Resource Guide

When you have general questions about special education, contact the following personnel at your local school district:

§ The Teacher has information about your child's current progress, class routines, behavior issues, and individualized education program (IEP) implementation.

§ The Principal has information about school policies and procedures, records, schedules, IEP implementation, admission, review, and dismissal (ARD) committee issues, and discipline procedures.

§ The Special Education Administrator/Director has information about district special education procedures and policies, can provide an explanation of procedural safeguards, can provide clarification on concerns about implementation of the IEP, and can handle the request for an independent educational evaluation.

State Resources
The following State Resources (guidance documents) have been developed to provide information about special education:

§ Guide to the Admission, Review, and Dismissal Process
Explains the process by which an individualized education program (IEP) is developed for a student in a special education program and the rights and responsibilities of a parent concerning the process. The ARD Guide is intended to be a companion document to, not a replacement for, the Notice of Procedural Safeguards. School districts are required by state law to to distribute the document to parents whose child has been referred for special education services and/or any time a parent requests it from the district. It is intended to provide a general overview of the special education process and has been written in parent-friendly language.

§ Notice of Procedural Safeguards
Explains the specific rights and responsibilities of the parent in the special education process as required by federal regulation. At a minimum, this document must be given upon: 1. Initial referral for evaluation; 2. Each notification of an ARD committee meeting; 3. Reevaluation of the child; and 4. Receipt of a request for due process hearing. Although written in as parent-friendly language as possible, the document must reflect specific legal procedural safeguards.

§ Related Services
Explains the parent's and school district roles and responsibilities in the provision of related services (the support services needed by a student in order to benefit from special education services). Related services may include occupational therapy, physical therapy, music therapy, orientation and mobility training, travel training, and more.

§ Extended School Year Services
Explains the parent's and school district's roles and responsibilities in the provision of extended school year services (individualized instructional program for eligible students with disabilities that is provided beyond the regular school year).

§ Legal Framework
Online resource that summarizes state and federal requirements for special education by topic. Schools may use the Legal Framework to manage and maintain compliant records for student identification, eligibility, placement, participation, progress, achievement, accountability, and graduation.

________________________________________________________________________________________

Published in April 1992, Section 504: Student Issues and Public Schools still has relevant information for parents and educators. The document is available in excerpted form (includes the Comparison Chart between IDEA and Section 504):

Special Education Rules and Regulations

Note: The statutes on this website are current through the 3rd Called Session of the 78th Legislature. The Texas Legislative Council makes no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.